We are staying on rent from last 65 years with no other facility eg: water, till December 2015 we paid rs 250/- as a rent for each room and we have two separate rooms, from January 2016 we paid the revised rent of rs 350/- each room till March 2016 but our land lord didn't issued the rent receipt to us, and in April 2016 he told us to pay rs 2500/- for each room and go for the agreement of 11 months. Please advise me what to do because giving that much rent is beyond our capacity
Asked in Property Law from Kolkata, West Bengal
Ask him to demand this of you by a letter and also request him to give the pending rent receipts. remember to do this in written.
1) you are a protected tenant as you have been staying in premises for last 65 years .
2) landlord cannot now force you to enter into agreement as licencee for period of 11 months and increase rent 900 %
3) send cheque for rent with a covering letter to landlord by regd post AD
4) if landlord refuses to accept rent file declaratory suit that you are tenant and deposit rent in court
The landlord has the right to increase the rent in tune with the market rate but this can be done only if there is a provision for enhancement in the rent agreement. The annual or biennial increase can only be in accordance with what is stated in the rent agreement. The Supreme Court has time and again come down heavily on the tenants paying pittance as rent.
Dear concerned it seems that there has been lease deed that was signed between the tenant and the landlord, indisputably the owner of the property is landlord and he can very much ask you to pay new rent subject to he has provided basis necessites of life. Please go ahead and file a stay application In the court for getting immediate releif From such demands of the landlord.
1. The rent quoated is unreasonable which you are not liable to pay.
2. The premise you possessed for 65 years and now the landlord cannot ask you to make an agreement for 11 years.
3. If your landlord wants the rent increased he has to get order from court.when he goes to court you an defend by offering to pay an increased amount decided by court.
4. for the landlord eviction will not be possible as you have been living in the premise so long you have all the rent laws in your side.
4.you can reproach the court against the eviction, deposit the amount in court , let the court decide the rent amount.The Lanlord may be planning ot file for eviction on ground of non payment of rent , that is why he is not issuing receipts.
consult a lawyer from the area and approach the court for depositing the rent in court and for an order against eviction
The landlord cannot increase the rent to this manifold as expressed by him suddenly.
He cannot demand huge increase in the monthly rental payment suddenly without any valid reason and that too to this extent.
If his demand was oral, you can orally and politely refuse to pay and if he is sending a legal notice, then you can reply accordingly with the help of a lawyer.
You may also state that he is not in the habit of issuing rental receipts in your reply notice.